R.D. Chourasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 17562 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 13152 of 2023
                                              (R.D. CHOURASIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                  Shri Vivek Singh - Advocate for appellant R.D. Chourasiya S/o

                           Hargovind Chourasiya.


                                  Heard on the question of admission.
                                  Let notice be issued to the respondent on payment of Process Fee (P.F.)

within a period of seven working days. Notice be made returnable within four

weeks.

Also heard on I.A. No.15748 of 2023, which is FIRST application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant - R.D. Chourasiya S/o Hargovind Chourasiya.

Vide judgment and order dated 30.09.2023 passed by learned Special Judge (under P.C. Act), Indore, District Indore (M.P.) in Sessions Trial No.01 of 2006, the present appellant has been convicted for offence under Section 420 read with Section 120-B and Section 418 of Indian Penal Code, 1908 and

sentenced to undergo rigorous imprisonment for three years (with fine of Rs.1,000/-) and three years (with fine of Rs.1,000/-) respectively along with default stipulation.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. Learned trial Court has not properly appreciated the evidence came on record and material omissions and contradictions have been overlooked. Learned trial Court has already suspended the jail sentence of the appellant up to 30.11.2023. Appellant has fair chance to succeed in this Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/20/2023 11:35:17 AM

appeal and if the jail sentence is not suspended, the application may be rendered infructuous. He, therefore, prays for grant of suspension and to release appellant on bail.

In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the appellant.

Accordingly, I.A. No.15748 of 2023 is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.30,000/- (Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this

Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 20.12.2023 and on all such subsequent dates, which are fixed in this behalf.

Record of court below be requisitioned and list thereafter for admission. Certified Copy, as per rules.

(VIVEK RUSIA) JUDGE

rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 10/20/2023 11:35:17 AM